Law360 Reports Tenure Denial Bias Suit (Julie D. Livaudais)

5th Circ. Won’t Revive Tulane Prof’s Tenure Denial Bias Suit

From Law 360 | August 24, 2017By: Vin Gurrieri

The Fifth Circuit ruled Wednesday that a trial court correctly awarded Tulane University summary judgment over discrimination claims brought by a biology professor after she was denied tenure, saying she failed to present a legitimate reason for why her attorney didn’t properly file an opposition brief.

A three-judge panel upheld a decision by U.S. District Judge Carl J. Barbier granting summary judgment to the entity that operates Tulane — the Administrators of Tulane Educational Fund — over claims brought by Nandini Vasudevan that she was discriminated against when the school didn’t give her tenure, which the school said was due to her lack of published research papers.

In upholding the ruling, the Fifth Circuit rejected Vasudevan’s contention that Judge Barbier abused his discretion by striking her opposition after her attorney missed several deadlines to file it and subsequently refusing to reconsider the decision.